Intellectual property management method and apparatus

ABSTRACT

An intellectual property management facility for proactively creating, developing and managing an intellectual property portfolio includes: determining available resource capacity for an intellectual property activity in a tracking system; assigning technical attributes to the activity in the tracking system; apportioning resource capacity for the activity by technical attribute based on the value assigned to each of the technical attributes and based on available resource capacity; obtaining actual resource usage by technical attribute from the tracking system; and managing resource allocation for the intellectual property activity by determining the difference between the actual resource usage and the resource allocation by technical attribute.

CROSS REFERENCE TO RELATED APPLICATION

This application is a continuation of application Ser. No. 09/748,579,now U.S. Pat. No. 7,089,192 filed Dec. 22, 2000, and published Jun. 27,2002 as U.S. Patent Application Publication No. US 2002/0082890 A1,which is assigned to the same assignee as this application, and which ishereby incorporated herein by reference in its entirety.

TECHNICAL FIELD

The present invention relates to intellectual property, and moreparticularly, to a method, apparatus and computer program product forproactively creating, developing and managing an intellectual propertyportfolio.

BACKGROUND OF THE INVENTION

The term “intellectual property” refers to patents, trademarks, servicemarks, copyrights and proprietary technology such as trade secrets orknow-how. Intellectual property is a special classification ofintangible property, and is unique because the owner of intellectualproperty is protected by law from unauthorized exploitation of it byothers. Computer software is considered intellectual property because itcan be subject to patent, trade secret or copyright protection.

Intellectual property is a central resource for creating and maintainingcommercial power. Creating, developing and managing of strategicintellectual property to ensure future licensing revenue has become animportant goal in almost all industries.

Current intellectual property portfolios are most often developedtactically as the result of solving day-to-day technical problemsassociated with manufacturing, development, etc. The problem with thisapproach, however, is that portfolios are inherently the result of areactive managing of resources; for example, in view of the day-to-daytechnical problems solved by inventors within the company.

SUMMARY OF THE INVENTION

In order to build a premier intellectual property portfolio, techniquesfor targeting strategic (e.g., products, standards, etc.) patent orother intellectual property development opportunities are believeddesirable, as well as techniques for measuring invention developmentprogress. This invention addresses these goals by providing proactiveintellectual property development and measurement methods, apparatus andcomputer program products.

Briefly summarized, presented herein in one aspect is a method ofmanaging resource allocations within an intellectual property portfolio.The method includes: determining available resource capacity for anintellectual property activity in a tracking system; assigning technicalattributes to the activity in the tracking system; apportioning resourcecapacity for the activity by technical attribute based on a valueassigned to each of the technical attributes and based on availableresource capacity; obtaining actual resource usage by technicalattribute from the tracking system; and managing resource allocation forthe intellectual property activity by determining the difference betweenthe actual resource usage and the resource allocation by technicalattribute.

In another aspect, a method of managing invention disclosures ispresented. This method includes: determining a desired number ofinvention disclosures based on available resources; apportioning thedesired number of invention disclosures by a plurality of technicalattributes based on a value assigned to each of the technicalattributes; tracking an actual number of invention disclosures bytechnical attribute and comparing the actual number of inventiondisclosures with the desired number of invention disclosures; andresponsive to the comparing, proactively managing at least one ofinvention disclosure creation and invention disclosure evaluation forpatent searching or patent application filing.

In a further aspect, a data structure is presented for facilitatingmanaging of resource allocations within an intellectual propertyportfolio. The data structure has a first field and a second field. Thefirst field includes actual resource usage for an intellectual propertyactivity by technical attributes over a first time period, while thesecond field includes actual resource usage for the intellectualproperty activity by technical attributes over a second time period,with the second time period being longer than the first time period.Comparison of information within the first field and the second fieldfacilitates managing resource allocations for the intellectual propertyactivity within the intellectual property portfolio.

Apparatus and computer program products corresponding to theabove-summarized methods are also described and claimed herein.

To restate, areas of technology of disclosures have been analyzedhistorically, but not with an intent of managing future output of anysubsystem such as proposed herein. In accordance with the presentinvention, specific technical areas are monitored in concert with anoverall resource capacity on both a short term and long term basis. Theinvention is particularly beneficial across a distributed organization.Advantageously, the concepts disclosed herein provide an ability toactually manage the number of intellectual property items owned, pendingor retained in a portfolio in a particular area of technology. This canbe significant in any industry or to any organization which deals inmany areas of technology. Another advantage of the present invention isan ability to extend the managing cycle to the life of an IP item, forexample, from disclosure evaluation to issuing of patents, to even theirmaintenance. Thus, presented herein is an intellectual propertymanagement process which provides an ability: to optimize anintellectual property portfolio for a value based on current activitywithin the portfolio; to control cost effectively by screening lessdesirable technologies more closely; to control cost effectively byhaving detailed information available about the status of the portfolioand invention activity; and to invigorate invention where needed basedon monitored input data.

Additional features and advantages are realized through the techniquesof the present invention. Other embodiments and aspects of the inventionare described in detail herein and are considered a part of the claimedinvention.

BRIEF DESCRIPTION OF THE DRAWINGS

The subject matter which is regarded as the invention is particularlypointed out and distinctly claimed in the claims at the conclusion ofthe specification. The foregoing and other objects, features, andadvantages of the invention are apparent from the following detaileddescription taken in conjunction with the accompanying drawings inwhich:

FIG. 1 is a process diagram of one embodiment of an intellectualproperty management facility in accordance with the principles of thepresent invention;

FIG. 2 is a more detailed process diagram of an alternate embodiment ofan intellectual property management facility in accordance with theprinciples of the present invention, wherein invention disclosures areproactively managed and evaluated;

FIGS. 3A and 3B are a diagram of one embodiment of an intellectualproperty management report which can be generated in accordance with theprinciples of the present invention; and

FIG. 4 depicts one example of an overview computing system which can beused to implement an intellectual property management facility inaccordance with the principles of the present invention.

BEST MODE FOR CARRYING OUT THE INVENTION

FIG. 1 is an overview of one embodiment of an intellectual property (IP)management facility, generally denoted 10, pursuant to the presentinvention. The facility includes determining an available intellectualproperty resource 12. “Determining an available resource” can be definedas assessing the money, time units or other constraining measure(s) tobe managed. In parallel with this, technical attributes are definedand/or categories of IP interest are established 14. “Defining technicalattributes” (herein also referred to as “tags”) means breaking down anygiven technology into at least two groups which need to be managedseparately. If desired, a business can be broken down into very specifictags as described further below. These tags can then be grouped intomajor “areas” to be periodically reported on. Ideally, the tags willcover all areas of interest of a given business.

The available intellectual property resources and the defined technicalattributes are inputs used to apportion resource capacity for eachtechnology attribute or category 16. “Apportioning the resourcecapacity” is the budgeting process of determining how various items areto be divided within an “ideal” management process. For example, eachmajor area is allocated a percentage of the total resource available.These are the “total guidelines” for a given period of time. Note thatas an alternative to defining technical attributes 14, preexistingattributes such as Patent Office class and subclassifications could beemployed for a given intellectual property portfolio.

The “actual usage” of an intellectual property resource for a giventechnical attribute is monitored 18. This information can be stored inand extracted from, for example, a patent tracking database (asdescribed further below). The monitored information may comprise numbersof documents which have been processed for whatever screening/review isbeing managed. In the example of FIG. 2, disclosures are tracked fromsubmission to first evaluation. The process could be extended tomanaging any intellectual property activity, for example, managingissuance of patents or maintenance of patents in one or multiple cyclesof the basic technique.

The apportioned resource capacity for each technology attribute orcategory 16 and the actual indication of usage of intellectual propertyresources by technical attribute or category 18 are employed to activelymanage available resources by discerning differences between theapportioned resource capacity and the actual usage apportioning 20. Inone embodiment, this proactive managing process can be facilitated byprinting a monthly report and reviewing the report with individualswithin a business responsible for actual usage decisions, andencouraging or discouraging these individuals to provide more or lessoutput. As a practical matter, various approaches can be employed toeffect proactive management using the facility provided herein. Forexample, one approach might be to establish a team of technical peopleto specifically create a number of new disclosures/inventions for one ormore of the apportioned areas of technology. That is, the technicalcommunity can be stimulated using various techniques to increase ordecrease their output of ideas in a given technology area.

FIG. 2 depicts one embodiment of a technique for managing inventiondevelopment from creation to initial evaluation of disclosures toachieve a desired patent portfolio distribution. Initially, a strategyincludes the current and future opportunity space for the businessshould be understood 30. This includes an analysis of factors such asemerging technology requirements, current intellectual propertyportfolio mix, current and future licensing revenue measurements,current and future business revenue measurements, research andtechnology development expertise, etc. Once the portfolio analysis 30has been completed or updated, technology areas requiring intellectualproperty development are identified and targeted, i.e., portfolioobjectives are created 40 using identified technology tags 42. Inventiondevelopment guidelines per technology area are set based upon theportfolio analysis 30 information and resource constraints 44.Constraints may comprise available money, time units, capacity and anyother measure which would operate as a constraint on the intellectualproperty activity to be managed.

The portfolio objectives 40 and identified technology tags 42 are usedin generating a patent activity report 50. The patent activity reportdetails total disclosure activity in each of the technologicalcategories comprising the portfolio, for example, relative to portfolioobjectives, including: number of disclosures evaluated, number ofdisclosures selected for patent protection, number of disclosureswaiting for evaluation and disposition, and relative success rate ofdisclosures over a given period of time. FIGS. 3A and 3B depict oneexample of such an activity report (described below).

Depending upon the type of activity report, IP creation activity may beinitiated based on status of current disclosure activity compared toportfolio objectives 62. One aspect of the IP creation activity may beto intentionally generate new inventions 64 for which disclosures may besubmitted 66. To accomplish this, lead technologists can identify andprioritize specific opportunities requiring invention development withinthe technology areas, and regularly communicate these opportunities tocompany employees. Simultaneously and continuously, inventors can beeducated and motivated to innovate and document their innovations.Proactive invention development methods employing teams, composed ofindividuals having key skills relevant to the opportunity, may also beused to generate novel solutions. Proactive invention developmentmethods include opportunity identification, brainstorming, associativethinking, critical thinking, and idea development exercises.

Note that the GENERATE NEW INVENTIONS activity 64 of FIG. 2 is separatefrom the INDEPENDENTLY CREATED INVENTION DISCLOSURES activity 68, whichwould conventionally be documented and submitted on the inventor's owninitiative. Each invention disclosure is categorized by technicalcontent or subject matter 70 by the person submitting the disclosure,for example, using the technology “tagging” system initially identified42. The tagged invention disclosure data is analyzed regularly, throughthe generation of periodic patent activity reports, and compared toportfolio objectives in order to increase/decrease the proactiveinvention development focus, set evaluation criteria, adjust guidelines,and understanding what the IP mix is, for example, at various stages inthe patent development process.

The received invention disclosures, which in one embodiment may bestored in the patent tracking system database, are forwarded to anevaluation process 80. Here, with a patent activity report(s) indicativeof status of the patent activity relative to portfolio goals thedisclosures are evaluated. In one embodiment, the evaluation process maybe performed by one or more evaluation teams. Each disclosure isevaluated for patentability, business and licensing value in view of theportfolio goals identified in the patent activity report(s). If aparticular disclosure does not meet the criteria for filing a patentapplication, then no action is taken and the record of the disclosure inthe database 60 is updated with a rating of “Close.” If sufficientinterest is present to pursue patentability, a “Search” rating isindicated and the invention disclosure is forwarded for possiblepreparation of a patent application 90. The decision whether or not toforward a particular invention disclosure for patenting is data that isalso fed back to the patent tracking system database 60, and is employedin the next patent activity report.

FIG. 3 depicts one embodiment of a patent activity report, hereinreferred to as a disclosure status report, which tracks the number ofinvention disclosures submitted for evaluation by major technologycategories, and organizations and/or locations. This report, or datastructure, includes separate fields which indicate the percent ofinvention disclosures rated search in the last twelve months, thepercent of invention disclosures rated search in the last three months,the number of invention disclosures currently awaiting evaluation, thetotal number of invention disclosures evaluated year to date, the numberof invention disclosures rated search (i.e., the number passed toprocess 90) year to date, and the year to date/total year to dateobjectives, again for each of the major technology categories andlocations. Those skilled in the art will note that this report is merelyone example of a patent activity report which could be generated usingthe concepts of the present invention. For example, subclasses withinthe major categories could also be tracked independently, and the twelvemonth period and three month time period for the percent of inventiondisclosures rated search could be adjusted. A disclosure status reportsuch as depicted in FIGS. 3A & 3B provides an evaluator with a readyreference that shows all of the information needed to proactively manageresources to achieve, for example, yearly set guidelines for a giventechnology category and/or company location. The DISCLOSURE STATUSREPORT shown in FIGS. 3A and 3B shows status reporting in nine major orTechnology categories for each of four reporting locations, A, B, C, andD.

By way of example, the following patent tracking system technology tagsmight be employed in generating the report of FIGS. 3A and 3B.

Semiconductor Processing 101A Back End of the Line Technology (BEOL)101B Front End of the Line Technology (FEOL) 101C PhotolithographyMaterials & Masks 101D Transistors, Devices or Cell Structures 180 Misc.Solid State Technology 190 Misc. Non-S/C Technology SemiconductorManufacturing 110A Manufacturing Apparatus 110B Modeling. CADCAM,Circuits, Processes Semiconductor Testing 110C Testing. In-Line & FinalCircuits 120 Semiconductor Analog & Logic Circuits 170 Power SuppliesMemories 140 Semiconductor Memories Interconnect Technology 150 CircuitInterconnect/Packaging & Material Recovery ComputerArchitecture/Microprocessor 200 Central Processing Unit Organization &Control 209 Design Patents 210 Interfacing 220 Storage Management 230Reliability/Availability/Serviceability 240 Multiprocessor 250 DPProgramming 260 Network Computers 280 IA.64 Architecture Applications300 Moving Storage 400 Human Interface Front of Screen Display & UserInput Systems 500 Displays and Printers 600 Software Related Services,Applications & Solutions Networking 700 Networking Centric

As can be seen, the nine major reporting categories in the status reportare actually made up of one or more specifically defined TechnologyTags. These tags, in turn, may further include additional more specifictags as subcategories. The level to which the status report is directeddepends on the particular objectives established by the then currentPORTFOLIO OBJECTIVES activity 40. Should a very specific subcategorywithin an existing Technology tag warrant independent management then itcan be sub-divided into new tags which could be, on an individual basis,designated as a “reporting category.”

In implementing the subject invention, the preferred embodiment utilizestwo Lotus Notes (a trademark of Lotus Development Corporation) databasesdesignated herein as INVENTION TRACKING SYSTEM DATABASE 60 and a PATENTPROSECUTION DATABASE (not shown). Access to Lotus Notes is available tomost inventors and others involved in the invention process throughoutthe corporation at their desktops. When an inventor intends to submit aninvention for review, a draft version of the document can be stored inthe database. This copy can be retrieved and circulated to otherinventors or associates for review and comment. When the inventordesires to submit the disclosure document, a selection is made as to thespecific Technology Tag under which the inventor believes the inventionshould be categorized.

Submitted disclosure documents are entered into the database and nextprocessed by an Intellectual Property Law organization responsible forthe particular tag selected. If the IP Law organization administratoraccepts the document as appropriate, the document is given a uniquedisclosure number, the Technology Tag(s) is entered on the disclosuredocument and the document is automatically forwarded to an InventionDevelopment Team (IDT) for evaluation.

An IDT comprises a portfolio manager responsible for the technical areato which the disclosure is directed, a patent attorney or professional,one or more technical consultants and the inventor(s). The IDT reviewsthe invention and, based on the advice of the team members andconsistent with Portfolio Objectives, determines the rating of thedisclosure. The rating is entered into the disclosure record in thedatabase 60. Disclosures can be rated “Close” (if no further action isdeemed necessary), “Publish” (if defensive protection by publication isdeemed appropriate) or “Search” (if patentability is to be furtherinvestigated).

The evaluation is entered into the disclosure document with reasons, ifappropriate. If the evaluation is “Search” the responsible IP Lawpersonnel can enter a specific concept to be searched and then send theentire disclosure document to a person who will perform a patentabilitysearch on the invention.

Periodically, statistically relevant information, such as the inventor'snames, titles, Technology Tags and status of the disclosure andevaluation are “uploaded” to a DB2 (a trademark of InternationalBusiness Machines Corporation) database where such statistical data canbe extracted and used to generate various reports including DisclosureStatus Reports, described above.

In addition to the disclosure database, there is also a PATENTPROSECUTION (not shown) database which contains information similar tothat in the PATENT TRACKING SYSTEM DATABASE and is based on inventionsfor which the filing of patent applications has been chosen as well asthose inventions on which applications have already been filed, orpatents issued throughout the world. A corresponding DB2 database isused in conjunction with the PATENT PROSECUTION database to retainstatistically relevant information about patent dockets on a corporatewide basis. Those skilled in the art will appreciate that extension ofthe method of the invention, as described, can be applied to variousaspects of invention application management as previously discussed.

One example of a computing environment incorporating and using anintellectual property management facility in accordance with the presentinvention is depicted in FIG. 4 and described below.

Referring to FIG. 4, a computer environment 100 includes, for instance,a computing unit 101 having at least one central processing unit 102, amain storage 104 and one or more input/output devices 106, each of whichis described below.

As is known, central processing unit 102 is the controlling center ofcomputing unit 101 and provides the sequencing and processing facilitiesfor instruction execution, interruption action, timing functions,initial program loading and other machine related functions. The centralprocessing unit executes at least one operating system, which as known,is used to control the operation of the computing unit by controllingthe execution of other programs, controlling communication withperipheral devices and controlling use of the computer resources.

Central processing unit 102 is coupled to main storage 104, which isdirectly addressable and provides for high speed processing of data bythe central processing unit. Main storage may be either physicallyintegrated with the CPU or constructed in stand alone units. Theintellectual property database described herein may, in one embodiment,reside within main storage 104.

Main storage 104 is also coupled to one or more local or remoteinput/output devices 106. These devices include, for instance,keyboards, communications controllers, teleprocessing devices, printers,magnetic storage media (e.g., tape, disks), direct access storagedevices, and sensor based equipment. Data is transferred from mainstorage 104 to input/output devices 106, and from the input/outputdevices back to main storage.

In one example, computer environment 100 can be a single systemenvironment, which includes an RS/6000 computer system running an AIXoperating system. (RS/6000 and AIX are offered by International BusinessMachines Corporation). The invention is not limited to such anenvironment, however. The capabilities of the present invention can beincorporated and used within many types of computer environments andmany types of computer systems. For instance, computer environment 100can include a UNIX workstation running a UNIX-based operating system.Other variations are also possible and are considered a part of theclaimed invention.

The present invention can be included, for example, in an article ofmanufacture (e.g., one or more computer program products) having, forinstance, computer usable media. This media has embodied therein, forinstance, computer readable program code means for providing andfacilitating the capabilities of the present invention. The articles ofmanufacture can be included as part of the computer system or soldseparately.

Additionally, at least one program storage device readable by machine,tangibly embodying at least one program of instructions executable bythe machine, to perform the capabilities of the present invention, canbe provided.

The flow diagrams depicted herein are provided by way of example. Theremay be variations to these diagrams or the steps (or operations)described herein without departing from the spirit of the invention. Forinstance, in certain cases, the steps may be performed in differingorder, or steps may be added, deleted or modified. All of thesevariations are considered to comprise part of the present invention asrecited in the appended claims.

While the invention has been described in detail herein in accordancewith certain preferred embodiments thereof, many modifications andchanges therein may be effected by those skilled in the art.Accordingly, it is intended by the appended claims to cover all suchmodifications and changes as fall within the true spirit and scope ofthe invention.

1. A computer readable medium for storing data for access by anapplication program being executed on a computer, comprising: a datastructure stored on said computer readable medium for facilitatingmanaging resource allocations within an intellectual property portfolioacross multiple technology groups, said data structure comprising: afirst field including a quantity representative of actual resource usagefor an intellectual property activity by technology groups over a firsttime period; a second field including a quantity representative ofactual resource usage for the intellectual property activity bytechnology groups over a second time period, wherein the second timeperiod is longer than the first time period; and wherein comparison ofinformation within the first field and the second field facilitatesmanaging resource allocations for the intellectual property activitywithin the intellectual property portfolio across the multipletechnology groups.
 2. The computer readable medium of claim 1, whereinthe second time period is inclusive of the first time period.
 3. Thecomputer readable medium of claim 2, wherein the first time period isless than five months and the second time period is at least two timesthe first time period.
 4. The computer readable medium of claim 2,wherein the first time period is in a range of two to four months andthe second time period is at least three times the first time period. 5.The computer readable medium of claim 1, further comprising a thirdfield including a set goal for a given time period for resource usagefor the intellectual property activity by technology groups.
 6. Thecomputer readable medium of claim 1, wherein the intellectual propertyactivity comprises at least one of (1) modulating invention disclosurecreation activity, (2) evaluating invention disclosures, (3) searchinginventions based on evaluated invention disclosures, (4) filing patentapplications based on evaluated invention disclosures, (5) issuingpatents, or (6) maintaining issued patents.